Ibori: IG Defends Contempt Charges Today
From Lillian Okenwa in Abuja
Inspector General of Police (IG), Mr. Tafa Balogun, will today explain to an Abuja Federal High Court why contempt proceedings should not be initiated against him following his failure to produce the February 14, 2003 Police interim investigation report on the alleged conviction of one James Onanefe Ibori by a Bwari Upper Area Court, Abuja in 1995.
During yesterday's court session, counsel to the IG, Chief Adegboyega Awomolo, SAN said he was opposed to the order of court authorising substituted service on the IG by the publication of the processes in two national dailies.
In the motion on notice filed in the court yesterday, Awomolo is asking for the following:
An order discharging or setting aside the orders of court dated September 20, 2004 and published in THISDAY Newspaper of September 30, 2004.
An order striking out or setting aside the service of notice of consequence of disobedience of order form 48 published in same THISDAY newspaper of September 30, 2004.
The motion further read:
"Take notice that the grounds of the application are:
That the court as well as the 4th defendant/respondent (Ibori) were aware that the documents numbered i- vi stated in the affidavit in support of the motion were not in the possession of the applicant. They cannot be found despite reasonable search and can therefore not be produced.
That the documents mentioned as Nos. (i) -(ii) in paragraph 4 of the affidavit in support of the motion have been produced and tendered in court in obedience to the order of September 20, 2004.
That orders for substituted service and the issuance of consequence of disobedience of court order 'form 48' was procured in bad faith and in gross abuse of court process.
In an affidavit in support of the motion seeking discharge of the court's order, Mr. Columbus Okaro, Deputy Commissioner of Police and Head, Legal Section, Nigeria Police Criminal Investigation Department, Police Headquarters, Abuja said that in obedience to the order of court of July 27, 2004, he went back to the archives of the Nigeria Police Headquarters, the Registry of Upper Area Court, Bwari and Bwari Divisional Police Headquarters where the complaint originated but that he was unable to find the said documents.
In the course of the hearing there were arguments on whether contempt proceedings should be commenced on the IG but Chief Gani Fawehinmi, SAN, pointed out that since Balogun has been represented in court, the principle of fair hearing demands that he should be given a chance to explain himself.
The point was taken and Balogun will through his counsel today make his defence.
After appearances had been entered at the commencement of the hearing yesterday, counsel to the IG, Chief Wole Aina, wanted the court to first hear an application pending before it seeking to reproof Balogun for issuing press statement on issues pending before the court.
Aina said he had filed a counter affidavit to the one filed by counsel to the governor but Izinyon said he was served with the IG's counter-affidavit that morning and should be allowed to read through and respond to issues contained in it.
He further stated that they have pending before the court some fundamental issues to be thrashed out besides the application being referred to.
The arguments over pending applications which were outside the main suit prompted Chief Gani Fawehinmi, SAN to say: "This proceeding is being diverted by Governor Ibori's counsel. My lord, we are no longer on the main issue.
"Why can't we adhere to the directive of the Supreme Court to identify the one James Onanefe Ibori that was convicted on September 28, 1995? Why don't we leave out issues bordering on his conviction since the Supreme Court had settled that?
"All the documents being sought to be tendered have to do with conviction, an issue that had been resolved. This fishing expedition that is being resorted to is dangerous to the main case.
"Since they opened their defence, the only issue being talked of is conviction. They said Governor James Ibori was not convicted but up till now, they are not addressing the issue raised.
"It is they who brought Form 48, it is they who filed application to restrain Tafa from making press statements. They said the Inspector General of Police is their witness in one breadth, in another breadth, they said he is no longer their witness. They said they were withdrawing the subpoena duces testificandum issued on him. They are not concerned with the defence again.
"Rather than defending their case, they have been begging us to withdraw the case. They were sending invitations to me. Up till Sunday, this week, they were sending invitation which I have refused to honour, I..."
At this point Izinyon interrupted him saying, "My lord, I object to this. I am objecting to this. You have derailed, you have derailed..."
The overflowing court now erupted into loud murmuring, clapping and all but Fawehinmi jumped up again saying: "It is the defendant that has derailed. It is the defendant..."
The trial judge who simply sat observing the drama later called for order.
Still on his feet, Gani continued: "They are now asking for adjournment to hear an application filed against the Inspector General of Police. This is diversionary. The IGP is not a witness in this matter. This matter is not a personal one to IG. He should not be seen in his personal capacity but in his official capacity
"Even then, where are their witnesses? They have none again because it was their client that was convicted in 1995," he added.
In response Izinyon said the application he brought was very ordinary and that he saw no reason for Fawehinmi's objections while urging the court not to be carried away by his statements.
Meanwhile, the IG's counsel accused Ibori of deliberately slowing the proceedings for reasons best know to him.
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